Citation

Pavitra K, Kalmane S, Kumar A, Gowda M. Indian J. Psychiatry 2019; 61(10): S832-S837.

Copyright

(Copyright © 2019, Medknow Publications)

DOI

10.4103/psychiatry.IndianJPsychiatry_141_19

PMID

unavailable

Abstract

Mental health continues to fight for acceptance in health care all over the world. The need for a separate act for mental illnesses proves this fact even more. The very nature of the mental illness has necessitated legislation to aid the service providers and service users. The Mental Healthcare Act 2017 has taken great initiatives in terms of protection of human rights for people with mental illness such as the inclusion of mental illness in health insurance, stress on informed consent, decriminalization of suicide, and introduction of advance directives (ADs) and punishment to those who violate the law. However, in a country like India where the family as a unit has more significance than personal autonomy, the new act emphasizes the patient's rights and, in doing so, may make the doctors more defensive and fearful in making clinical decisions, thus shifting the burden to the shoulders of the family members. There is a need for suitable amendments to include the family's concerns as well; otherwise, the present act would stand as an alien Western law enforced on Indian cohesive family dynamics. Qualitative studies are required from the family's perspective to illustrate the hindrances that the patients' families are facing. In the context of Indian family structure and dynamics and working in the Indian community, we feel that without suitable amendments to include the family's concerns, the present act would stand as an alien Western law enforced on Indian cohesive family dynamics. © 2019 Indian Journal of Psychiatry | Published by Wolters Kluwer - Medknow.

Language: en

Keywords

human rights; human; mental health; suicide; law; Review; family; stress; medical ethics; mental disease; community care; hospital admission; mental health service; electroconvulsive therapy; health insurance; living will; personal autonomy; health care; caregiver; mental hospital; hospital discharge; perception; work environment; punishment; clinical decision making; social discrimination; human rights abuse; voluntary program; Caregiver; social stigma; Mental Healthcare Act 2017